But the matter does not rest there--would it did. I come now to the

transaction of the Monday, and I find £1020 of Cook’s money applied to

the prisoner’s use. He goes up to London; he had ascertained by some

means or other the amount that Cook was entitled to receive on the

Monday--possibly Cook had told him; Fisher was Cook’s agent, and the

probability is that Cook desired the prisoner to hand an account of his

bets which he had won to Fisher, who would go and settle with the

parties at Tattersall’s; Fisher would have to pay himself back the £200;

we know that he intended his accounts should pass through Fisher,

because he asked Fisher to advance the £200 upon the credit of it; but

it is suggested that under the guidance of Palmer he now meditated a

fraud, and that he intended to pass his account through Mr. Herring, in

order to avoid paying Fisher the £200 for a time. Is it charitable to

Mr. Cook to ascribe to him a fraud of this description, which, so far as

we know, he was not in the habit of doing? I ask you this question as

reasonable men, supposing he had disposed of his ready money, and we

find none left--that he had given the prisoner £300 to send up, you

cannot suppose that this man who had nothing of his fortune left, who

sees ruin staring him in the face--he was not a ruined man as long as he

had this money, but having parted with this money he was a ruined

man--you cannot suppose that he intended to deprive himself of the whole

of the money that he had won, to leave himself destitute and naked for

the coming winter; the thing is out of the question--besides, if the

prisoner’s representation is true which he made to Mr. Cheshire, that he

had got the genuine cheque of this man for very nearly the amount,

through his agents, Messrs. Wetherby, of the stakes at Shrewsbury, you

are asked to believe on the one hand that he had given him his ready

money, and on the other hand that he had given him a cheque to receive

of Messrs. Wetherby, and that he had given him £1020, which constituted

absolutely the whole that the poor man possessed--you are asked to

believe that he hands it over to the prisoner to go and dispose of as he

pleases--that is my learned friend’s proposition, but I do not think you

will adopt it.

[Sidenote: Attorney-General]

Then, if that be not so, what does the prisoner do? He goes to London,

but does not go to Fisher, who was the agent of Cook, who would, in the

first place, have paid himself back the £200, and, in the second place,

would not have paid the sums which he received except upon Cook’s

authority and instruction, but would have sent the money to Cook, or

have paid it upon Cook’s written direction as to what was to be done

with it. He takes the account, therefore, to a comparative stranger, who

never had acted for Mr. Cook before, feeling that that stranger would

have no hesitation or repugnance in paying the money according to the

direction of the man from whom he had the direction to receive it,

supposing that both emanated from Mr. Cook, the person interested in the

money. Accordingly he says to Mr. Herring, “Here is a list of bets which

Cook will be entitled to be paid at Tattersall’s; they are so much, you

dispose of it in this way; pay yourself £200”; it being the fact that

Mr. Cook and the prisoner had before raised the sum, I think, of £600;

£200 had been raised by Mr. Cook on his acceptance, and £400 had been

raised on the acceptance of the prisoner. Mr. Cook’s portion had been

paid off, but that of the prisoner remained unpaid. Palmer says to Mr.

Herring, “Pay yourself £200, then go to Pratt’s and pay him £450; then

go to Padwick and pay him £350.” Now, it is perfectly clear that the

£450 was a debt due from Palmer to Pratt, and it is untrue that Cook had

anything to do with it. The debt of £350 to Padwick was for some bet,

and although it is not proved, I have reason to believe that the minor

part of it was a debt of Cook’s, but the larger part was a debt of

Palmer’s upon a matter in which they stood in together. There is

evidence that Mr. Palmer treated the debt due to Padwick as his. He

says, “I will pay you my bet of £350 at such a time.” I am giving him

credit for what I believe was the fact, that a part of it was Cook’s.

Why was Cook’s debt paid then? There was a warrant of attorney in the

hands of Mr. Padwick, and Mr. Padwick was getting impatient for his

£1000, and if this bet had not been paid to Mr. Padwick, Mr. Padwick

would have resented the non-payment of the debt of honour which he had

no means of enforcing, and would have come down upon Mr. Palmer, no

doubt, at a very early period in respect of the £1000 due upon the bill

dishonoured twelve months before. Exactly that came to pass--in

consequence of Mr. Herring not receiving the whole of the money, he was

not able to pay Mr. Padwick, and the result was that Mr. Padwick put the

process of the law in motion against the prisoner on that bill, and

brought an action against his mother. The bill for £1000 was the bill of

Mr. Palmer, upon which Mr. Cook was not primarily liable. I say here was

a distinct interest which the prisoner had to appropriate this money to

himself, because it was the means for the moment, and the only means he

could resort to, of staving off the evil hour which was rapidly

approaching. The degree of difficulty in which he was placed must not be

measured simply by the amount of his pecuniary liabilities. It was not

merely that he had these large bills upon which at any moment process

might be issued, but he had made his mother answerable for those bills,

and the moment the first of them was put in motion in the Courts the

fraud and forgery would come to light, and he would be exposed not

merely to the consequences of his inability to pay his debts, but to the

consequences of the law which he had violated. The former might have

been got rid of in the Insolvent Court or the Bankruptcy Court, but the

crime of forgery could not have been got rid of; for that he would have

to answer at the bar of a Court of criminal justice, and would have

incurred the penalty of transportation, or of penal servitude in an

aggravated form. But there is a further sum besides the £1000; he

appropriated a further sum of £350, which was to be got from Messrs.

Wetherby. It is said that he got a genuine cheque from Cook to entitle

him to receive that money, but it is not for a moment suggested what

induced Cook to give it to him. Was it a genuine cheque? That matter

might have been solved by its production. It is not produced; yet it is

quite clear that it was returned to the prisoner’s hands by Messrs.

Wetherby when they could not get the money. It is quite clear that it

was of great importance to him to get the money, because there was £100

to be paid to Pratt, which must be paid in order to stave off the evil

day upon the bill of £1500, which was due on the 9th of November. Where

is that cheque? If it had been produced we could have seen whether it

was a genuine cheque or not. It is not forthcoming. What are the

circumstances under which he presents that cheque to Mr. Cheshire? He

goes to Mr. Cheshire upon the Tuesday, and, having shown the cheque to

Mr. Cheshire, he asks Mr. Cheshire to be so good as to fill up the body

of it. I suppose he saw some manifestation of surprise in Mr. Cheshire,

and he said, “Cook, poor fellow, is ill, and I am apprehensive if I fill

up the body of the cheque Wetherbys will know my handwriting.” Why

should not they know his handwriting? What objection was there, if the

cheque was genuine, and if the transaction was an honest one, to Messrs.

Wetherby knowing that the handwriting was his? Does not it pretty

plainly indicate that there was some fraud going on which he was afraid

might be detected? Why, in heaven’s name, should he send for Cheshire?

He had to send for Cheshire from the post office when Cheshire was

busily engaged in the business of the evening, at seven o’clock in the

evening. Just about that same period, a little before or a little after,

as the case may be, he had to meet Dr. Bamford and Mr. Jones in

consultation as to Cook’s case. Mr. Jones was his intimate friend--the

trusty friend that came over that afternoon. If poor Cook intended to

give him the cheque, and was at the same time so ill that he could not

write, why not have said to Mr. Jones, “Jones, I do not want to bother

Cook to fill up this cheque, fill it up in my favour for £350, and we

will get Cook to sign it?” Why should he send to the post office to get

Cheshire down to his house, alleging at the time that he was

apprehensive that if he filled it up his own handwriting might be known.

Does not that transaction bear fraud upon the face of it? On the other

hand, it may be a genuine cheque; but, I ask again, where is it? Between

the time when these matters were called in question and the time when

Mr. Palmer was finally arrested, not upon the criminal but upon the

civil process, which came down unluckily for him before the coroner’s

inquest, which secured his bodily presence to answer not only the

pecuniary matters but these charges, in the interval he had undisturbed

possession of his own papers. From the moment when that freedom of

action and possession ceased, we have traced the possession of the

papers; and it is clear that at the time those papers were taken

possession of that cheque was not amongst them; it is clear that the

prisoner, who had possession of it, must have dealt with it in some

manner. What has become of it? Why is it not produced? Can you help

drawing the inference from its non-production that there is something in

the transaction that will not bear the light? It is clear that he

intended to get possession of the £350, which ought to have been given

to Cook, upon false pretences. He had not a farthing himself, for when

he went to Shrewsbury races he borrowed £25. As I have shown, a person

made a bet for him upon the races, and, having won £200, pressed him for

the debt, but could not get another shilling from him. I show you that

he comes back to Rugeley, and is from that moment in the possession of

money. Where could he have got that money? It is clear that he must have

got it from Cook, who had not any left himself; it is clear that he had

all that money to the extent of £350, probably much more, and besides

that he gets £1020 as the proceeds of the betting at Tattersall’s, and

he attempts to get, but does not get, £375, which ought to have been

paid into Messrs. Wetherbys’ hands. This was the whole of the worldly

possessions, the whole sum of the wealth of this poor young man.

[Sidenote: Attorney-General]

But he is not satisfied with that--it is clear that he meditated another

fraud of a different description. On the Friday, almost as soon as the

breath is out of the man’s body, he intimates that he has a claim upon

him for £3000 or £4000 in respect of bills which had his (Palmer’s) name

or acceptance upon them, but which, in fact, had been negotiated for

Cook’s purposes. He tells the same story to the father-in-law, but it is

as clear as the sun at noonday that he endeavoured to fabricate an

instrument to give a show of colour to those representations. He goes on

the Thursday or the Friday to Mr. Cheshire, and brings to him a document

which he asks him to attest, that document bearing the signature “J. P.

Cook.” The man having left the body, and living only in the spirit

eight-and-forty hours before that signature had been brought to be

attested, who can fail to see that here was some great fraud and design

meditated? What was the document? It was a document which purported to

be an acknowledgment from Cook that certain large bills which had been

negotiated were for Cook’s benefit, and for Cook’s benefit alone, and

that he (Palmer) had had no part of the proceeds. Now, there are no such

bills in existence. We have exhausted the bills pretty well, I think,

and none such are proved to exist; but if there be any such bills in

existence, who would know it better than the prisoner at the bar? He

could have no difficulty in satisfying you of the fact, and of removing

this great stumbling-block in the way of his defence; but he produces

this document; and on the same day, the day that followed this poor

man’s death, he writes to Pratt, and says, “Mind, I must have ‘Polestar’

if it can be arranged.” What was this scheme? Having got every shilling

of the man’s money, his purpose was to secure the little property that

remained in “Polestar,” the value of which he may perhaps to himself

have considerably exaggerated. The mare had just won, and she might be

supposed to be worth more than she had been, or he had in view

speculating at other races to bring about results of benefit to himself.

Further, he may have intended to pay out of Cook’s estate some of those

bills, under the pretence that Cook had had the money for them. For all

these purposes, from the beginning to the end, it was necessary that

Cook should be put on one side. Then with this document in his hand he

goes to Cheshire, and he asks Cheshire to attest the signature of a man

who was then dead. If Cheshire had had the weakness and wickedness to

comply he would have had him in his power; and the next thing would have

been that he would have brought him trembling and reluctant into the

witness-box of some Court of justice to swear to the fact that he had

seen the dead man put his signature to that piece of paper. But it may

be suggested that, after all, the document was a genuine one, and that

the signature was not a forgery. Then produce it and we can judge. Here,

again, I point out, and there is no escape from it, that the papers of

the prisoner were in his possession till the time of his arrest, and

they have been taken care of since then, and are here one and all,

either to be answered for or produced in his presence, or they have been

handed over to his brother. Who would not fail to notice that this paper

has never been found or asked for? Who can doubt that that paper brought

to Cheshire remained in the possession of the prisoner? Who can doubt

that it is either destroyed or is purposely withheld? Under these

circumstances who can doubt that in it is to be found proof of some

meditated act--of some vast design of a fraudulent and flagitious

character, for the full completion of which the death of Cook was a

necessary thing?

Now, gentlemen, I have gone through that part of the case which relates

to the motives of the prisoner, and it will be for you to say whether

you are satisfied that this was a death by strychnia--that the prisoner

was in possession of strychnia--that he had access to the dead man’s

bedside, and that he administered pills to him at a period short enough

to be capable of being connected with the catastrophe that afterwards

happened; and it will be for you to say whether you do not find that the

state of things with reference to pecuniary matters to which I have been

just alluding is sufficient to account for the act which is ascribed to

the prisoner.

[Sidenote: Attorney-General]

But there is another part of his conduct as throwing light upon this

matter to which I cannot fail to refer. What has become of Cook’s

betting book? What has been the conduct and the language of the prisoner

with reference to it? On the night when Cook died, ere the breath had

hardly passed from that poor man’s body, the prisoner at the bar was

rummaging his pockets and searching under his pillow. That may have

been for a perfectly legitimate purpose. But let us see what takes

place. He calls to Mr. Jones, and he tells Mr. Jones that it is his

duty, as the nearest friend of the dead man, to take possession of his

effects, and Mr. Jones does take possession of his watch, and

afterwards, at the suggestion of the prisoner, of his rings. At the same

time Mr. Jones asks for the betting book. My learned friend endeavoured

to explain away this most awkward part of the case by saying, “There

were other persons who had access to the place. The undertaker came

there with his men, the women came to lay out the dead body, and the

servants were there; any one of those might have stolen the book.” But

all this is met by the fact that, on that same night, before the women

had had anything to do in the room--before they came to lay out the

corpse--before anybody made their appearance--that very night, when Mr.

Jones is seeking to gather up the effects of the dead man, he asks for

the book. What is the answer? “Oh,” says Palmer, adopting the language

which he afterwards repeated, “the betting book will be of no use to any

one.” Does anybody doubt in his own mind where that betting book had

gone to? The father-in-law came down on the Friday, and he begins to

discourse about the affair, and he is not satisfied with the answers he

gets. The day passes away. He says to Mr. Jones, “Be so good as to

collect my son-in-law’s betting book and papers and bring them away.”

Mr. Jones goes upstairs; he is immediately followed by the prisoner--up

they go, but there is no betting book to be found. Down comes Mr. Jones,

and says to Mr. Stevens, “We cannot find the betting book.” “Not find

the betting book! surely you must be mistaken”; and, turning round, he

says, “Why, Mr. Palmer, how is this?” Upon which Mr. Palmer says, “Oh,

the betting book is of no use.” “No use! I am the best judge of that. I

think it will be of a good deal of use.” The observation is again

repeated, “It is of no use.” Mr. Stevens said, “Why?” “Because a dead

man’s bets are void, and because he received the money himself upon the

course at Shrewsbury.” A dead man’s bets are void! Yes, that is true;

they are void, but not when they have been received in his lifetime. Who

received the dead man’s bets? The prisoner at the bar. Who appropriated

the proceeds of the dead man’s bets? The prisoner at the bar. Who was

answerable for them? The prisoner at the bar. Who had an interest in

concealing the fact that he had received them? He had. What was the best

mode of doing it? The destruction of the betting book. What was the best

mode of calming the determination of the man who was the executor of the

dead man, when he wanted to know what he was entitled to receive and

what he had received, and to see the record of his pecuniary

transactions? Why, to tell him that the record, even if found, would be

of no use, for a dead man was not entitled to any bets, he having died

before they were received--yet at that very moment he had received the

proceeds of the bets which he was representing as void, and was applying

the proceeds to his own purpose. Does not that throw light upon the real

nature of the transaction? What possible motive could he have for

representing that the bets were void, having himself received them,

unless he knew that he had received them fraudulently and wrongfully?

See what would have taken place if the truth had come out. Mr. Stevens,

if he had seen that book, would have seen that his stepson was entitled

to receive £1020. He would have inquired who was his agent, to see

whether by any possibility those debts could be realised; he would have

learned what everybody knew, at least that portion of the turfites with

whom Cook was in the habit of communicating, that Fisher was his agent.

Fisher would have told him, “I ought to have received the money to repay

myself £200, but Mr. Herring received the money.” He would have gone to

Mr. Herring, and he would have found that every shilling of the money

found its way into the prisoner’s pocket, and was appropriated for his

own purposes. How was all this to be done? By the removal of Cook, and

then by the destruction of the only record which could have afforded to

his representative, who was entitled to stand in his place and realise

his pecuniary rights, the information of the money having been received

by a wrongdoer, by a man who had no right to it. Gentlemen, I submit

these things to your consideration, but I submit them to you as leading,

unhappily, but to one conclusion, and that the conclusion of the

prisoner’s guilt.

[Sidenote: Attorney-General]

But, gentlemen, the matter does not even rest here; there is more of the

prisoner’s conduct yet to be commented upon, on which I must say a few

words before I conclude. Mr. Stevens determined upon having a

post-mortem examination. Let us watch the conduct of the prisoner in

respect of that most important part of the history of this case. Dr.

Harland comes over to perform this most important office; the prisoner

is on the watch to see who comes; he meets him as he alights at the inn;

he accompanies him to Dr. Bamford’s; they get into conversation about

this death, and Dr. Harland says, naturally enough, speaking to a

brother medical man who he supposed had been attendant upon the patient,

“What is this case? I hear there is a suspicion of poisoning.” “Oh, no,”

says Palmer, “not at all; no suspicion of poisoning; the man had two

epileptic fits upon the Monday and Tuesday, and you will find old

disease, both of the head and of the heart.” Well, there was no disease

found of the head or of the heart, unless that very wise gentleman, whom

I should have liked to have asked a few questions of to-day, was right

about his story of angina pectoris, which I doubt was ever accompanied

by tetanic symptoms in this world, or that any other man in the universe

would declare that it was. “You will find disease of the head and the

heart.” They opened him, and found neither. He said, “He had two

epileptic fits on the Monday and Tuesday.” That very same man the day

before had gone to Dr. Bamford, and asked Dr. Bamford to fill up the

certificate, and Dr. Bamford said naturally enough, “He is your patient,

not mine; I have only attended him at your request.” “No, I would rather

you did.” He gets Dr. Bamford to fill in “apoplexy”; the next day he

tells Dr. Harland that it is a case of epilepsy. This is not an ordinary

individual, but a medical man, possessing full knowledge and information

with regard to medical matters. However, the post-mortem examination

took place; before they go to it there is some conversation with Newton

which I will not again more particularly refer to; it is not

satisfactory, nor does it show the state of mind in which you would

expect to find a man whose friend had just died, from the way in which

he speaks of the examination about to take place. Let us come to the

examination itself. The stomach and its contents are, as we understood,

removed; there is some story about his having pushed against the parties

who were performing the examination; I think that is carrying the matter

too far; it may have been an accident, and we will look at it in that

light; at last the stomach, we say without its contents, and a portion

of the intestines are put into a jar, and the jar is fastened with a

parchment covering doubled over it; it is tied and sealed, and then it

is placed upon a table while the post-mortem examination, with reference

to other parts of the body, is made. Dr. Harland has this done; when Dr.

Harland turns round he finds the jar removed; he immediately makes an

outcry, and then at the other end of a long room, and at a door which

was not the proper entrance, but a door which led into a different

apartment, which apartment led into the passage, the prisoner was found

with the jar in his hand, and when Dr. Harland exclaims, he says, “I

thought it would have been more convenient to you when you were going

out.” That might have been his motive, though it was an awkward

circumstance that the jar containing the stomach should be in the hands

of the man against whom there rested a suspicion of having deprived the

deceased of life by unfair means. That is not all; two slits were found

in the parchment cover when it was tied and sealed up; who could have

made them except the prisoner? What did he do it for? There, again, we

are lost in conjecture, but the only conclusion at which we can arrive

is against the honesty of the purpose and the integrity of the

transaction; whether it may have been for the purpose of introducing

something which might be capable of neutralising the poison, I cannot

tell you; all I know is the fact, and it is a fact of very significant

importance in the consideration of the case.

Trial of William Palmer · 第 28 / 36 段